Supreme Court ruled that a Pre-condition to bail prohibiting the members from engaging in Political Activities violates their Fundamental Rights
Case title: Siba Shankar Das @ Pintu Vs The State of Odisha & Anr.
Case no.: SLP (Crl.) Nos. 2523-2527 of 2024
Decision on: March 22nd, 2024
Quoram: Justice B R Gavai and Justice Sandeep Mehta
Facts of the case
The issue in this case pertains to the imposition of restrictive conditions on the political engagements of the appellant.
Siba Shankar Das, who was a member of the Biju Janata Dal (BJD) party before joining the BJP, found himself entangled in multiple criminal cases after switching allegiances. The Orissa High Court granted a conditional bail which prohibited him from engaging in any political activities, directly or indirectly, and from causing any public unrest. The appellant aggrieved by this decision sought recourse before the Supreme Court contending that it violated his constitutional rights.
Court’s Analysis and Judgement
The Court declined the plea of the respondent-State to provide an extension in time, on account of delay in the notice delivery and proceeded to adjudicate the matter. The Supreme Court ruled that imposing restrictive conditions and prohibiting the appellant from engaging in political activities as a pre-condition to bail would breach his fundamental rights and held such conditions to be invalid. It thereby, overturned the decision of the High Court.
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Judgement Reviewed by – Keerthi K